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Is This Rehiring?? Connecticut

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  • Is This Rehiring?? Connecticut

    To ElleMD...OK new thread.
    My situation is that I am still considered an employee at the hospital where I have worked for 23 years. I am employed, but without a job. I know this sounds strange, but that is my situation. The hospital policy is that I am covered re benefits for a year after last work date, or for 60 days after cleared to return to work, whichever comes first. I have not officially been terminated from the hospital, as far as I know. I simply don 't have a specific position. I question if this is rehiring or placing me in a suitable position as the law states since I won't reach MMI until this December. Re your other question I am quite capable of doing my normal job duties per the M.D.'s completed return to work forms.

  • #2
    Muffy, it is very difficult to follow your situation when you start more than one thread on the same subject. Remember, the responders here read dozens of posts every day.

    Could you help us out and provide a link to your original thread? Thank you.

    Never mind; I see what happened. Here is a link to help the responders: http://www.laborlawtalk.com/showthread.php?t=180249
    Last edited by cbg; 10-07-2007, 11:50 PM.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      The law doesn't at this point require that you be restored to your same position. After FMLA has expired (which is 12 weeks if it applies) your employer does not have a legal obligation to return you to the same position you left. Your state is also not one of the few that requires your employer to give you the same job back, per WC regs. It is great that they give you up to a year to return and 60 days from the point your doctor releases you. It sounds like at this point you are able to apply for any open job that is within your restrictions. Since your employer isn't obligated to automatically bypass other qualified candidates to reinstate you, I'd suggest applying to whatever vacancies there may be that you are qualified to perform. You may be selected as the best candidate for your old job but your employer is entitled to entertain other candidates as well. You can not be turned down simply because you filed a WC claim, but you don't get any special consideration because you filed a claim either.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment


      • #4
        Where are you seeing that her employer is planning to fire her because she filed a WC claim? IT seems to me to be the exact opposite. They are keeping her employed and benefitted for a full year and giving her 60 days to find a suitable job once released to return. That doesn't sound like retaliation.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          It seems there is more to the story based on yet another post. Muffy, it really hurts you when you post parts of the story all over the board. If you want the most accurate information we can provide, you really need to keep the story consistant and on just one thread. The 3 threads I have seen for you all contain slightly different information about the same situation.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            It's a royal pain in the neck to move threads around and I don't have time right how. I'll do so tonight when I have more time. In the meantime I'll post a link to this thread in the other one.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              The cape is at the cleaners and the invisible plane is in for routine maintenance.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #8
                Elle...You don't have my situation quite right. My employer is not keeping me benefitted for a year as an exception or because they are being kind. It is the policy of this hospital for exempt employees, which has been my status. Realistically, this is the only job for which I am suitable at this facility. If I am not offered this job, it is tantamount to being termed, because the length of time I can receive benefits will have expired.
                By the way, if an employee is oficially terminated, must they receive something in writing?
                Also, sorry for all the confusion and my postings on separate threads. I'm new at this. What confused me, I guess, is that my situation seemed to overlap with more than one thread.

                Comment


                • #9
                  Whether it is the policy for everyone or not, it is far more generous than what is required by law. That was my point.

                  I find it hard to believe you have no transferable skills but nevertheless, the fact that you are not qualified or interested in performing other jobs does not obligate your employer to offer you your old one back automatically. Very few states would give you that right after a WC related absence and CT is not one of them. When possible it makes sense for employers to bring back the employee who had been on leave, but there is no legal requirement for this and if there were issues with you and the manager before, it may not be in anyone's best interest to do so (including yours). I have no idea what their usual policies are for filling vacancies or if there is a union involved. If you belong to a union, check with them for other remedies, or at least to see if the policy for filling a position is being followed. If you worked here, then yes, I would by contract have to allow others to apply and be interviewed for the position as well. I might ultimately hire you, but I would still have to go through the formal process.

                  Since it appears that you may not get this vacancy or at least not at this time, have you applied to other employers in the area with similar positions? I imagine there must be another hospital not too far from you in CT, if not a surgical center or other medical facility that has similar needs.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    The limits of the software are still the same.

                    http://www.laborlawtalk.com/showthread.php?t=180259

                    http://www.laborlawtalk.com/showthread.php?t=180216

                    I think the easiest way to do this, and still keep the response together, is to put links to the threads together. Merging them would be pretty complicated by this time.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Re: Rehiring in Connecticut

                      Elle and Others who might be interested:
                      I sent an e-mail to the WCC Web site, Chairman's Office. Here is the reply:

                      Sec. 31-290a is the statue. It prohibits discrimination of this sort. If your employer can not provide you with a valid reason for not hiring you back then you have a case. If your work record was good and you are qualified to do the work you should confront the employer. Let them know you want your job back and tell lthem that the WC Act prohibits you from denying you this opportunity without a good reason. If the refuse you will have to write a letter to Chairman John Mastropietro/21 Oak St/Htfd 06106 requesting a hearing Sec 31-290a. Just briefly state what has happened. Be sure to include the name and address of your employer so they will know what district to schedule yhour hearing in. If you go to a hearing you must be prepared to defend your work record. The only way your employer may refuse to hire you back would be if you had a bad work record. So - if you had good reviews, or - if they don't have anything bad to say against you there should be no reason for them not to give you the job ack. You may contact me directly if you have any additional questions.

                      For the record, my employer simply has not been communicating with me. I have no way of knowing now if they have filled the position, as it is still posted on their web-site.

                      Comment


                      • #12
                        By all means, follow his advice. You might take the email to your employer to see what is up.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                        Comment

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